While sexual harassment lawsuits proliferate, one potent defensive tool that is often overlooked is the forensic evaluation of the plaintiff's mental and emotional condition. Conducted properly, such an evaluation can provide valuable material to bring into question the causation of the plaintiffs alleged emotional injuries. As well, it can uncover information about the plaintiff's background and personality development indicating a hypersensitivity to sexual cues in the workplace that could seriously undermine the plaintiffs ability to prevail on a sexual harassment claim under current law.
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